Western Australian Current Acts Western Australian Current Acts (1) A long-stay tenant
may apply to the State Administrative Tribunal for relief in relation to park
rules.
(2) Without limiting
subsection (1), the long-stay tenant may make an application for any of the
following reasons —
(a) a
park rule is unreasonable;
(b) a
park rule is not applied or enforced in a reasonable, fair or equitable way;
(c) the
manner a park rule is applied or enforced affects the tenant in a harsh or
unreasonable way;
(d) a
park rule is inconsistent with section 54A(2) or any regulations made under
section 54B(1).
(3) A park operator
may also apply to the State Administrative Tribunal for relief in relation to
park rules.
(4) In deciding
whether a park rule is applied or enforced in a way that is contrary to
subsection (2)(b) or (c), the State Administrative Tribunal may consider
—
(a) the
nature of the breach of the park rule; and
(b) what
timeframes were imposed as a result of the breach; and
(c) any
previous breaches.
(5) The State
Administrative Tribunal may, if the tribunal considers it is appropriate
—
(a)
order that a person comply with the park rules; or
(b)
revoke or alter a park rule, or give directions modifying the operation of a
park rule in relation to a long-stay tenant; or
(c) make
another order the tribunal considers appropriate.
[Section 63B inserted: No. 28 of 2020 s. 60.]