South Australian Current Acts South Australian Current Acts (1) The Minister
may issue a "housing improvement order" to the owner of residential premises
if the Minister has reason to believe that the premises are unsafe or
unsuitable for human habitation and that works are required to remediate
defects in respect of the premises.
(2) A housing
improvement order—
(a) must
be in the form of a written order served on the person to whom it is issued;
and
(b) must
specify the premises to which the order applies; and
(c) must
include particulars of the defects identified in respect of the premises; and
(d) may
include requirements for—
(i)
preparing, in accordance with specified requirements and
to the satisfaction of the Minister, a plan of works for the premises; and
(ii)
complying with such a plan to the satisfaction of the
Minister; and
(e) may
include requirements for the person to whom it is issued to carry out
specified works and may include a requirement that the works be completed
within a specified period; and
(f) may
include an authorisation for the works or some of the works to be undertaken
on behalf of the Minister by an authorised officer or other person authorised
by the Minister; and
(g) may
include a requirement for the person to whom it is issued to ensure that the
premises, if occupied, are vacated and, in any case, remain unoccupied for a
specified period or until the completion, to the satisfaction of the Minister,
of specified works; and
(h) must
state that the person may, within 28 days, apply to the Tribunal for a
review of the order.
(3) An
authorised officer may, if of the opinion that urgent action is required to
address unsafe or unsuitable conditions of residential premises,
issue an "emergency housing improvement order" imposing requirements of a kind
that may be imposed under subsection (2) as reasonably required to
address the conditions.
(4) An
emergency housing improvement order may be issued orally, but, in that event,
the person to whom the order is issued must be advised forthwith of the
person's right to apply to the Tribunal for a review of the order.
(5) If an
emergency housing improvement order is issued to a person, the order will
cease to have effect on the expiration of 3 business days from the time
of its issuing unless confirmed by a written housing improvement order issued
by the Minister and served on the person.
(6) The Minister may,
by written order served on a person to whom a housing improvement order has
been issued, vary or revoke the order.
(7) A person to whom a
housing improvement order has been issued must comply with the order.
Maximum penalty: $10 000.