Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 456

456 Order of tribunal excluding person from park

(1) If an application is made to a tribunal for an order excluding a person from a moveable dwelling park because of the person’s behaviour in the park, the tribunal may make an order prohibiting a person from entering, or being in, the park in a stated period (not longer than 1 year).

(2) The tribunal may make the order only if it is satisfied—

(a) the person’s behaviour justifies being excluded from the park; and

(b) it is appropriate to exclude the person from the park.

(3) In deciding whether the person’s behaviour justifies being excluded from the park, the tribunal may have regard to—

(a) the nature of the behaviour, including, in particular, whether the behaviour involved violence and, if violence is involved, the degree of the violence; and

(b) whether the behaviour was recurrent and, if it was recurrent, the frequency of the recurrences; and

(c) the number of persons adversely affected by the behaviour; and

(d) whether persons adversely affected by the behaviour have acted in a reasonable way; and

(e) the time of day the behaviour was engaged in; and

(f) whether any nuisance directions have been given to the person about the person’s behaviour in the park and, if directions have been given—

(i) the nature of the behaviour for which the directions were given; and

(ii) the number and type of directions given; and

(iii) the frequency of the directions.

(4) In deciding whether it is appropriate to exclude the person from the park, the tribunal may have regard to—

(a) whether the person is residing in a moveable dwelling in the park; and

(b) if the person is residing in the park—

(i) whether the person’s spouse resides with the person; and

(ii) whether any dependant of the person (including, in particular, any child of the person) resides with the person; and

(iii) whether the person has access to other accommodation; and

(c) the person’s general health and welfare.

(5) Subsections (3) and (4) do not limit the issues to which the tribunal may have regard.

(6) A person must not contravene an order of a tribunal prohibiting the person from entering, or being in, a moveable dwelling park, unless the person has a reasonable excuse for not complying with it.

Penalty—

Maximum penalty for subsection (6) —20 penalty units.