Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 74B

74B .         Termination of tenant’s interest by SAT on grounds of family violence

        (1)         In this section —

        excluded tenant means a tenant against whom an order is sought or made under subsection (2);

        family violence order means a DVO, Family Court injunction or other court order denying a long-stay tenant’s right of occupancy in the agreed premises;

        protected tenant means a tenant for whose benefit an order is sought or made under subsection (2).

        (2)         Despite any other provision of this Act or another written law or a requirement under a contract, the State Administrative Tribunal may make an order terminating a tenant’s interest in an on-site home agreement if it is satisfied —

            (a)         that a family violence order is in force against the excluded tenant; or

            (b)         that the excluded tenant has, during the tenancy period, committed family violence against the protected tenant or a dependant of the protected tenant.

        (3)         The State Administrative Tribunal may make the order on an application by any of the following —

            (a)         the excluded tenant;

            (b)         a protected tenant;

            (c)         a prescribed person acting on behalf of the protected tenant.

        (4)         Before making the order the State Administrative Tribunal must consider the following matters —

            (a)         the best interests of any child ordinarily resident at the premises;

            (b)         the best interests of the protected tenant;

            (c)         the effect the order might have on the lessor and any remaining tenants;

            (d)         the effect the order might have on any pets kept on the agreed premises;

            (e)         the fact that perpetrators of family violence might seek to misuse the protections offered to long-stay tenants and park operators under this Act to further their violence, and the need to prevent that misuse.

        (5)         The State Administrative Tribunal is to have regard to the matter set out in subsection (4)(a) as being of primary importance.

        (6)         The State Administrative Tribunal must specify in an order the day on which the order takes effect.

        (7)         The day specified under subsection (6) must be not less than 7 days and not more than 30 days after the order is made.

        [Section 74B inserted: No. 3 of 2019 s. 32.]