Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 45A

45A .         Notice of termination of tenant’s interest on ground that tenant subject to family violence

        (1)         Despite any other provision of this Act or another written law or a requirement under a contract, a long-stay tenant may give to the park operator notice of termination of the tenant’s interest in an on-site home agreement on the ground that the tenant or a dependant of the tenant is, during the tenancy period, likely to be subjected or exposed to family violence.

        (2)         A notice under this section must be accompanied by a document, applicable during the tenancy under the agreement, comprising 1 of the following —

            (a)         a DVO;

            (b)         a Family Court injunction or an application for a Family Court injunction;

            (c)         a copy of a prosecution notice or indictment containing a charge relating to violence against the long-stay tenant or a court record of a conviction of the charge;

            (d)         a report of family violence, in a form approved by the Commissioner, completed by a person who has worked with the long-stay tenant and is 1 of the following —

                  (i)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

                  (ii)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;

                  (iii)         a social worker as defined in the Mental Health Act 2014 section 4;

                  (iv)         a police officer;

                  (v)         a person in charge of a women’s refuge;

                  (vi)         a prescribed person or class of persons.

        (3)         The park operator must not disclose information in a document provided to the park operator under subsection (2) to another person except in accordance with this Act or another written law.

        Penalty for this subsection: a fine of $5 000.

        (4)         The park operator must ensure that information provided to the park operator under subsection (2) is kept in a secure manner so far as it is reasonably practicable to do so.

        Penalty for this subsection: a fine of $5 000.

        (5)         If a long-stay tenant gives notice under this section, the period of notice must be not less than 7 days before the termination day.

        [Section 45A inserted: No. 3 of 2019 s. 30.]