Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 423

423 Application of Island custom

(1) This section applies if—

(a) the lessor is—

(i) an indigenous regional council under the Local Government Act 2009 ; or

(ii) an entity prescribed under a regulation; and

(b) the tenant is a Torres Strait Islander.

(2) In deciding an application for a termination order, a tribunal must have regard to the lessor’s practice (the
"lessor’s Island custom practice" ) in observing Island custom in dealing with similar breaches of other residential tenancy agreements by other tenants of the lessor.

(3) In considering Island custom, the tribunal may hear evidence from, and the opinions of—

(a) persons recognised under Island custom as respected persons; or

(b) other persons with special knowledge of, or expertise in, Island custom.

(4) The opinions 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 Island custom practice.