Western Australian Current Acts Western Australian Current Acts (1) In this Act, a
long-stay agreement is an agreement made between a person and a park operator
under which the park operator for valuable consideration grants to the person
the right to occupy —
(a) a
relocatable home provided by the park operator on a site in the residential
park as the person’s principal place of residence; or
(b) a
relocatable home provided by the person on a site in the residential park as
the person’s principal place of residence.
(2) However, an
agreement is not a long-stay agreement if it —
(a)
confers on a person the right to occupy a site or other park premises in a
residential park for a holiday; or
(b)
confers on an employee or agent of a park operator the right to occupy a site
or other park premises in a residential park during the term of the employment
or agency; or
(c)
confers on an itinerant worker the right to occupy a site or other park
premises in a residential park, unless the parties agree that the agreement is
a long-stay agreement; or
(d) is a
prescribed agreement or class of agreement.
(3) In subsection
(2)(c) an itinerant worker means a person who —
(a) is
undertaking seasonal work; and
(b) will
occupy a site or other park premises in a residential park only to carry out
the seasonal work; and
(c) does
not ordinarily occupy a site in the residential park.
Example for this definition:
A person who stays at
a residential park in order to engage in employment picking fruit for 3
months.
(4) An agreement or
class of agreement cannot be prescribed under subsection (2)(d) unless the
Minister is satisfied that —
(a) the
agreement or class of agreement to be prescribed is sufficiently regulated by
another Act; or
(b) the
accommodation provided under the agreement is not accommodation that should be
regulated by the Act.
(5) If an agreement
confers a right to occupy the same or similar site or other park premises for
a period of 3 months or longer, the agreement is taken, in the absence of
proof to the contrary, not to have been entered into for the purpose of
conferring a right to occupy the site or premises for a holiday.
(6) A reference in
subsection (5) to an agreement includes a reference to an agreement that is
part of a series of consecutive agreements between the same parties.
[Section 5 inserted: No. 28 of 2020 s. 5.]