(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.]