South Australian Current Acts South Australian Current Acts90A—Tribunal may make orders in relation to retaliatory behaviour
(1) The Tribunal may,
on application by a tenant or in proceedings relating to the termination or
proposed termination of a residential tenancy agreement—
(a)
declare that a notice of termination under this Act has no effect; or
(b)
refuse to make an order terminating a residential tenancy agreement,
if it is satisfied that a notice of termination given or application made by
the landlord was a retaliatory notice or a retaliatory application.
(2) In addition, the
Tribunal may (on its own initiative), if it is satisfied that a notice of
termination given or application made by the landlord was a retaliatory notice
or a retaliatory application, order the landlord to make a payment of an
amount not exceeding $5 000 into the Fund.
(3) The Tribunal may
find that a notice of termination is a retaliatory notice or that an
application is a retaliatory application if it is satisfied that the landlord
was wholly or partly motivated to give the notice or make the application for
any of the following reasons:
(a) the
tenant had applied or proposed to apply to the Tribunal for an order;
(b) the
tenant had taken or proposed to take any other action to enforce a right of
the tenant under the residential tenancy agreement, this Act or any other law;
(c) an
order of the Tribunal was in force in relation to the landlord and tenant.
(4) A tenant may only
make an application to the Tribunal for a declaration under this section if
the application complies with the requirements prescribed by the regulations
(if any).