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

74C .         Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence

        (1)         A long-stay tenant, or former long-stay tenant, may apply to the State Administrative Tribunal for a determination of the rights and liabilities of the parties to the long-stay agreement once the former long-stay tenant’s interest in the agreement has been terminated under section 33(2A) or (2B).

        (2)         When hearing an application under subsection (1) or section 74B(3), State Administrative Tribunal —

            (a)         must determine the rights and liabilities of the parties to the agreement, as affected by the termination; and

            (b)         may order a party to pay compensation to another party for loss or injury (except personal injury) relating to the termination.

        (3)         Without limiting subsection (2), a determination or order under that provision may apportion the disposal of the security bond to the park operator and each long-stay tenant or former long-stay tenant as appropriate having regard to subsection (4).

        (4)         Despite any law to the contrary, each long-stay tenant under a long-stay agreement has an equal interest in the security bond in respect of the agreement unless the State Administrative Tribunal in a particular case determines otherwise under this section.

        (5)         In making a determination or order under subsection (2), the State Administrative Tribunal must have regard to all of the following principles —

            (a)         that family violence is a fundamental violation of human rights and is unacceptable in any form;

            (b)         the need to prevent further victimisation of a person who has experienced family violence through the unjust application of the principle of joint and several liability or the principle of vicarious liability;

            (c)         the need to maximise the safety of persons who have experienced family violence by reducing any financial burden arising from the family violence;

            (d)         the need to prevent, or reduce to the greatest extent possible, the consequences of family violence;

            (e)         the need to protect the wellbeing of children by preventing them from being subjected or exposed to further family violence;

            (f)         the need to encourage perpetrators of family violence to accept responsibility for their behaviour and the effect it has on others.

        (6)         Nothing in subsection (2) is to be read as enabling the State Administrative Tribunal to order compensation for early termination of a long-stay agreement.

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



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