| s6(1) |
The power pursuant to Section 6(1) of the Residential Parks Act 2007 (the Act) and subject to Section 6(2) and (3) of the Act, to make rules about the use, enjoyment, control and management of the park. |
5 Delegates
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| s7(5) |
The duty pursuant to Section 7(5) of the Act to allow the use of a place in an enclosed area within the residential park for the purposes of a meeting of residents called by a residents committee. |
5 Delegates
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| s8(1) |
The power pursuant to Section 8(1) of the Act to make written amendments to park rules for a residential park. |
5 Delegates
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| s8(2) |
The duty pursuant to Section 8(2) of the Act, before an amendment to park rules can take effect, to give each resident of the residential park at least 14 days written notice of the amendment. |
5 Delegates
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| s8(3) |
The duty pursuant to Section 8(3) of the Act, where a residents committee has been established for a residential park, to consult with and consider the views of the committee in relation to the amendment. |
5 Delegates
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| s10 |
The power pursuant to and in accordance with Section 10 of the Act to enter into residential park agreements. |
1 Delegates
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| s10(4) |
The duty pursuant to Section 10(4) of the Act to ensure that a residential park agreement is:
in writing;
written in a clear and precise way;
precisely identifies the site;
states:
the address of the principal office of the Council; and
the resident's full name and place of occupation;
signed by both the parties; and
complies with any other requirements prescribed by the Residential Parks Regulations 2007.
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5 Delegates
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| s11 |
The duty pursuant to Section 11 of the Act, where the Council invites or requires a resident to sign a written residential park agreement, to ensure that:
the resident receives a copy of the agreement or other document when it is signed; and
where the agreement is not signed by the delegate, deliver the agreement back to the resident within 14 days after the agreement is given to the Delegate to complete its execution.
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5 Delegates
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| s14(1) |
The duty pursuant to Section 14(1) of the Act to ensure that a resident is given, before or at the time of entry into a residential park agreement:
a copy of any park rules in force;
a written notice stating:
any kind of charge payable by the resident in accordance with requirements imposed under Part 4 Division 10 of the Act;
any services provided to residents by the Council on a fee for service basis;
a written notice stating:
the address of the principal office of the Council; and
contact details for a person who will on behalf of the Council carry out emergency repairs to the property or common area facilities of the park;
a written notice stating:
whether the resident is entitled to the payment of any amount at the time the resident ceases to occupy the rented property and the amount that will be payable or the method that will be used to determine the amount that will be payable;
in the case of a residential park site agreement – the resident's rights to sell or relocate a dwelling on the site and any arrangements that may apply in the event that the resident, after the expiration of a period determined under the Residential Parks Regulations 2007, has been unable to sell the dwelling on the open market; and
any other information required by the Residential Parks Regulations 2007; and
a copy of an information notice in a form approved by the Commission.
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5 Delegates
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| s14(2) |
The duty pursuant to Section 14(2) of the Act to ensure that, before or at the time of commencing occupation of the rented property under a residential park agreement, a resident is given manufacturers' manuals, or written or oral instructions, about the operation of any appliances and devices provided for the use of the resident as part of the rented property or the common area facilities of the residential park |
5 Delegates
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| s14(4) |
The duty pursuant to Section 14(4) of the Act, if the name or address or contact details of the Council changes, to notify the resident in writing of the change within 14 days. |
5 Delegates
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| s18(2) |
The power pursuant to Section 18(2) of the Act to require and receive payment of a class the Council is authorised to require under Division 10 of Part 3 of the Act. |
5 Delegates
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| s20 |
The power pursuant to and in accordance with Section 20 of the Act, where a method of payment that does not involve personal attendance at the rental property has been offered by the Delegate but not accepted by the resident, to require that rent payments under a residential park agreement be made to the Delegate or another person authorised by the Delegate at the rented property. |
5 Delegates
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| s21(1) |
The power pursuant to Section 21(1) of the Act and subject to Section 21(2) of the Act to increase the rent payable under a residential park agreement by giving written notice to the resident specifying the date from which the increase takes effect. |
5 Delegates
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| s21(3) |
The power pursuant to Section 21(3) of the Act, where the maximum rent for the rented property has been fixed by a housing improvement notice and the notice is revoked, to give notice within 60 days after revocation of the housing improvement notice increasing the rent for the rented property from a date falling at least 14 days after the notice is given. |
5 Delegates
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| s21(4) |
The power pursuant to Section 21(4) of the Act to reduce the rent payable under a residential park agreement by mutual agreement between the Delegate and the resident. |
5 Delegates
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| s21(5) |
The power pursuant to Section 21(5) of the Act to reduce rent on a temporary basis so that the rent reverts to the level that would have been otherwise applicable at the end of a specified period. |
5 Delegates
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| s22(4) |
The power pursuant to Section 22(4) of the Act, where an order is made by the Tribunal under Section 22 of the Act, to make application to the Tribunal to vary or revoke an order. |
5 Delegates
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| s23(1) |
The duty pursuant to Section 23(1) of the Act to ensure that a proper record is kept of rent received under a residential park agreement. |
5 Delegates
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| s24(1) |
The duty pursuant to Section 24(1) of the Act, and subject to Section 24(2) of the Act, within 48 hours of receiving rent, to give the person paying the rent a receipt stating:
the date on which the rent was received;
the name of the person paying the rent;
the amount paid;
the period of occupancy to which the payment relates; and
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5 Delegates
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| s24(1) |
the address of the rented property to which the payment relates.
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5 Delegates
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| s25(2) |
The duty pursuant to Section 25(2) of the Act, where rent is paid in advance and the residential park agreement ends before the end of the period for which rent has been paid, to refund the appropriate proportion of the amount paid to the resident or to apply it towards other liabilities of the resident to the Council. |
5 Delegates
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| s28(1) |
14.1 The duty pursuant to Section 28(1) of the Act, within 48 hours of receiving an amount paid by way of a bond, to give the person who paid the bond a receipt stating the date payment was received, the name of the person from whom the payment was received, the amount paid, and the address of the rented property to which the payment relates. |
5 Delegates
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| s28(2) |
14.2 The duty pursuant to Section 28(2) of the Act, within 7 days after receiving an amount paid by way of a bond, to pay the amount to the Commissioner and at the same time lodge with the Commissioner a notice in the form approved by the Commissioner. |
5 Delegates
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| s29(1) |
The power pursuant to Section 29(1) of the Act, and in accordance with Section 29(2) of the Act, to make application to the Commissioner for:
payment of the whole amount of the bond either to the Council or the resident; or
payment of a specified amount of the bond to the Council and the balance to the resident
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5 Delegates
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| s29(4) |
The power pursuant to Section 29(4) of the Act, where an application is liable to be disputed, and the Delegate wants to dispute the application to lodge a written notice of dispute, in the form approved by the Commissioner, with the Commissioner within 10 days after the date notice is given to the Delegate |
5 Delegates
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| s40 |
The power pursuant to Section 40 of the Act to enter rented property in the circumstances and manner contemplated by Sections 40 and 41 of the Act. |
5 Delegates
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| s43(2) |
The power pursuant to Section 43(2) of the Act to include, as a term of a residential park agreement, a requirement that the resident:
pay charges based on the level of the water consumption at the rented property if water consumption at the rented property is separately metered;
pay charges based on the level of the electricity consumption at the rented property if electricity consumption at the rented property is separately metered and subject to the Electricity Act 1996;
pay charges based on the level of the gas consumption at the rented property if gas consumption at the rented property is separately metered and subject to the Gas Act 1997;
pay charges based on the level of the bottled gas consumption at the rented property if bottled gas is supplied at the rented property; and
make any other payments of a kind prescribed by the Residential Parks Regulations 2007
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5 Delegates
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| s43(3) |
The duty pursuant to Section 43(3) of the Act, where required by the Residential Parks Regulations 2007, to provide to the resident, at their request, specified information (which may include accounts and receipts, or copies of accounts and receipts) relevant to the payment or the goods or services in respect of which the payment is sought. |
5 Delegates
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| s48(2) |
The power pursuant to Section 48(2) of the Act, and subject to Section 48(2)(b) of the Act, to provide written consent to a resident to assign the resident's interest in the residential park agreement. |
5 Delegates
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| s48(7) |
The power pursuant to Section 48(7) of the Act, where the Delegate has not consented to an assignment and had, before the assignment, served a notice of termination on the assignor, to enforce the notice against the assignee |
5 Delegates
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| s48(8) |
The power pursuant to Section 48(8) of the Act to terminate a residential park agreement on the ground that the resident has assigned the resident's interest without the Delegate's consent, but only in circumstances where the Delegate has not unreasonably withheld consent and serves the notice of termination within 21 days after the time the Delegate became aware or ought reasonably to have become aware of the assignment (whichever is the earlier). |
5 Delegates
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| s51(3)(b) |
The power pursuant to Section 51(3)(b) of the Act to consent to the making of a subtenancy agreement between a resident under a residential park agreement and another person. |
5 Delegates
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| s51(3)(c) |
The power pursuant to Section 51(3)(c) of the Act to enter into an agreement with a resident (a subtenancy managing agent agreement) under which the Council will act as managing agent for the resident in relation to the subtenancy agreement in accordance with the park rules. |
5 Delegates
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| s52(a) |
The power pursuant to Section 52(a) of the Act to terminate a residential park agreement by notice of termination as required by the Act. |
5 Delegates
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| s52(g) |
The power pursuant to Section 52(g) of the Act to consent to the resident giving up possession of the rented property. |
5 Delegates
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| s56(1) |
The power pursuant to Section 56(1) of the Act, where a resident breaches a residential park tenancy agreement, to give the resident a written notice in a form approved by the Commissioner:
specifying the breach; and
informing the resident that if the breach is not remedied within a specified period (which must be a period of at least 14 days) from the date of the notice, then:
the agreement is terminated by force of the notice; and
the resident must give up vacant possession of the rented property before the end of the next day.
The power pursuant to and in accordance with Section 57 of the Act, by notice of termination given to a resident, to terminate a residential park tenancy agreement on the ground that the resident:
has breached a term of the agreement; and
had committed breaches of the same term of the agreement on at least two previous occasions and been given separate notice under Section 56 of the Act in respect of each of those breaches.
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5 Delegates
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| s58(1) |
the power pursuant to Section 58(1) of the Act, by notice of termination given to the resident, to terminate a residential park tenancy agreement on the ground that a resident, or a person permitted on the rented property with the consent of the resident, has intentionally or recklessly caused or permitted, or is likely to cause or permit:
personal injury to:
the Delegate or an agent of the Delegate; or
a person in the residential park or in the vicinity of the residential park; or
serious damage to the rented property or other property in the residential park; or
serious interference:
with the reasonable peace, comfort or privacy of another resident in the other resident's use of rented property or with the reasonable use or enjoyment by another resident of common areas of the residential park; or
with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the residential park.
The power pursuant to and in accordance with Section 59 of the Act, by notice of termination given to the resident, to terminate a residential park tenancy agreement for a periodic tenancy on the ground that the Council:
has entered into a contract for the sale of the rented property or the dwelling comprised in the rented property; and
is required under the contract to give vacant possession of the rented property or the dwelling.
The power pursuant to and in and accordance with section 60 of the Act, by notice of termination given to a resident, to terminate a residential park tenancy agreement for a periodic tenancy without specifying a ground of termination.
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5 Delegates
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| s61 |
The power pursuant to and in accordance with Section 61 of the Act, by notice of termination given to a resident, to terminate the residential park tenancy agreement for a fixed term at the end of the fixed term without specifying a ground of termination. |
5 Delegates
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| s62 |
The power pursuant to and in accordance with Section 62 of the Act, by Notice of Termination given to a resident, to terminate a residential park tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property:
has been destroyed or rendered uninhabitable; or
has ceased to be lawfully useable for residential purposes; or
has been acquired by compulsory process.
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5 Delegates
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| s63(2) |
The power pursuant to Section 63(2) of the Act, where written notice is received from a resident, to apply for an order:
declaring that the Council is not in breach of a residential park tenancy agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under Section 63 of the Act; or
reinstating the agreement.
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5 Delegates
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| s68 |
The power pursuant to and in accordance with Section 68 of the Act, if a resident breaches a residential park site agreement, to give the resident a written notice in a form approved by the Commissioner. |
5 Delegates
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| s69 |
The power pursuant to and in accordance with Section 69 of the Act, by notice of termination given to a resident, to terminate a residential park site agreement on the ground that the resident:
has breached a term of the agreement; and
had committed breaches of the same term of the agreement on at least two previous occasions and been given separate notice under Section 68 of the Act in respect of those breaches.
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5 Delegates
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| s70 |
The power pursuant to and in accordance with Section 70 of the Act, by notice of termination given to a resident, to terminate a residential park site agreement on the ground that the resident, or a person permitted on the rented property with the consent of the resident, has intentionally or recklessly caused or permitted, or is likely to cause or permit:
personal injury to:
the Delegate or an agent of the Delegate; or
a person in the residential park or in the vicinity of the residential park; or
serious damage to the rented property or other property in the residential park; or
serious interference:
with the reasonable peace, comfort or privacy of another resident in the other resident's use of rented property or with the reasonable use or enjoyment by another resident of common areas of the residential park; or
with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the residential park.
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5 Delegates
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| s71 |
The power pursuant to and in accordance with Section 71 of the Act, by notice of termination given to a resident, to terminate a residential park site agreement for a periodic tenancy without specifying a ground of termination.
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5 Delegates
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| s72 |
The power pursuant to and in accordance with Section 72 of the Act, by notice of termination given to a resident, to terminate the residential park site agreement for a fixed term at the end of the fixed term without specifying a ground of termination.
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5 Delegates
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| s73 |
The power pursuant to and in accordance with Section 73 of the Act, by notice of termination given to a resident, to terminate the residential park site agreement on the ground that, otherwise than as a result of a breach of the agreement, the rented property or a substantial portion of the rented property:
has been destroyed or rendered uninhabitable; or
has ceased to be lawfully usable for residential purposes; or
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5 Delegates
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| s74 |
The power pursuant to and in accordance with Section 74 of the Act, where a resident gives the Council a written notice terminating an agreement, to make application to the Tribunal for an order:
declaring that the Council is not in breach of the agreement, or has remedied the breach of the agreement, and that the agreement is not liable to be terminated under Section 74 of the Act; or
reinstating the agreement.
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5 Delegates
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| s79 |
The power pursuant to Section 79 of the Act to make application to the Tribunal to terminate a residential park agreement and seek an order for possession of the rented property where:
the resident has committed a breach of the agreement; and
the breach is sufficiently serious to justify termination of the agreement.
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5 Delegates
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| s83 |
The power pursuant to and in accordance with Section 83 of the Act to make application to the Tribunal for possession of rented property where a residential park agreement has terminated.
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5 Delegates
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| s83(6) |
The power pursuant to and in accordance with Section 83(6) of the Act to make application to the Tribunal for an order that a resident pay the Council compensation to which it is entitled under Section 83(5) of the Act.
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5 Delegates
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| s84(1) |
The power pursuant to Section 84(1) of the Act to make application to the Tribunal for an order:
that a resident abandoned rented property on a day stated in the declaration; and
for immediate possession of the rented property.
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5 Delegates
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| s84(6) |
The power pursuant to Section 84(6) of the Act to make application to the Tribunal for an order that a resident pay the Council compensation to which it is entitled under Section 84 of the Act.
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5 Delegates
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| s87 |
The power pursuant to and in accordance with Section 87 of the Act, where an order for possession of rented property has been made by the Tribunal in the Council's favour and has not been complied with, to make a written or oral request to the registrar or a deputy registrar to direct a bailiff of the Tribunal to enforce the order.
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5 Delegates
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| s92(2) |
The power pursuant to and in accordance with Section 92(2) of the Act, at any time after recovering possession of a site, to remove from the site and destroy or dispose of abandoned property consisting of perishable food stuffs.
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5 Delegates
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| s92(4) |
The power pursuant to Section 92(4) of the Act and subject to Section 94 of the Act, at any time after recovering possession of a site, to remove from the site and destroy or dispose of abandoned property, other than perishable food stuffs, if the value of the property is less than a fair estimate of the cost of removal, storage and sale of the property.
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5 Delegates
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| s92(5) |
The duty pursuant to and in accordance with Section 92(5) of the Act, where there is abandoned property (other than personal documents) on a site that may not be dealt with under Section 92(2) or (4) of the Act, to:
as soon as practicable:
if the Delegate has a forwarding address for the resident - give notice, in a form approved by the Commissioner, to the resident;
if the Delegate does not have a forwarding address for the resident – publish notice, in the form approved by the Commissioner, in a newspaper circulating generally throughout the State;
if a person other than the resident has, to the knowledge of the Delegate, an interest in the property and the person's name and address are known to, or reasonably ascertainable by, the Delegate – give notice in the form approved by the Commissioner, to that other person; and
take reasonable steps to keep the property safe until at least 28 days after the giving of such notice.
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5 Delegates
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| s92(7) |
The duty pursuant to Section 92(7) of the Act, if valuable abandoned property is not reclaimed within 28 days of giving notice under Section 92(5) of the Act, to, as soon as practicable after the end of that period, have the property sold at public auction.
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5 Delegates
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| s92(8) |
The power pursuant to Section 92(8) of the Act to use reasonable force to gain entry to the property or remove or deal with it as reasonably necessary for the Council's use of the site or the sale of the property.
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5 Delegates
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| s92(9) |
The power and the duty pursuant to Section 92(9) of the Act, upon sale of property by public auction:
to retain out of the proceeds of sale:
the reasonable costs incurred by the Council in dealing with the property in accordance with Division 10 of Part 9 of the Act and any other reasonable costs incurred by the Council as a result of the property being left on the site; and
any amounts owed to the Council under the residential park agreement; and
The power and the duty pursuant to Section 92(9) of the Act, upon sale of property by public auction:
to retain out of the proceeds of sale:
the reasonable costs incurred by the Council in dealing with the property in accordance with Division 10 of Part 9 of the Act and any other reasonable costs incurred by the Council as a result of the property being left on the site; and
any amounts owed to the Council under the residential park agreement; and
The power and the duty pursuant to Section 92(9) of the Act, upon sale of property by public auction:
to retain out of the proceeds of sale:
the reasonable costs incurred by the Council in dealing with the property in accordance with Division 10 of Part 9 of the Act and any other reasonable costs incurred by the Council as a result of the property being left on the site; and
any amounts owed to the Council under the residential park agreement; and
to pay the balance (if any) to the owner of the property, or if the identity and address of the owner are not known to, or reasonably ascertainable by, the Delegate, to the Commissioner for the credit of the Fund.
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5 Delegates
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| s92(11) |
The power pursuant to Section 92(11) of the Act, where a dispute arises between the Council and a resident about the exercise of powers under Section 92 of the Act, to make application to the Tribunal seeking orders to resolve the matters in dispute.
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5 Delegates
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| s93(3) |
The duty pursuant to Section 93(3) of the Act, and subject to Section 94 of the Act, where abandoned property consists of personal documents, to:
as soon as practicable give notice, in the form approved by the Commissioner, to the resident if the Delegate has a forwarding address for the resident; and
take reasonable steps to keep the documents safe for at least 28 days.
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5 Delegates
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| s93(4) |
The power pursuant to Section 93(4) of the Act, where personal documents are not reclaimed by a resident within 28 days, to destroy or dispose of the documents.
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5 Delegates
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| s95(1) |
The power pursuant to Section 95(1) of the Act to give a resident a notice to leave a residential park immediately if the Delegate has reasonable grounds to believe that:
a serious act of violence by the resident has occurred in the park; or
the safety of any person in the park is in danger from the resident.
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5 Delegates
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| s95(2) |
The power pursuant to Section 95(2) of the Act to give a person permitted on rented property with the consent of a resident a notice to leave the residential park immediately if the Delegate has reasonable grounds to believe that:
a serious act of violence by the resident's visitor has occurred in the park; or
the safety of any person in the park is in danger from the resident's visitor.
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5 Delegates
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| s97(1) |
The power pursuant to Section 97(1) of the Act, where a notice to leave is given under Part 10 of the Act, to apply to the Tribunal for an order that the residential park agreement be terminated.
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5 Delegates
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| s116(1) |
The power pursuant to Section 116(1) of the Act to make application for orders in the nature of those listed at Section 116(1) of the Act.
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5 Delegates
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| s118(1) |
The power pursuant to Section 118(1) of the Act to make application to the Tribunal for an order restraining a resident and other persons on rented property from engaging in conduct of a kind described in the order. |
5 Delegates
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| s121 |
The power pursuant to and in accordance with Section 121 of the Act to make application to the Tribunal for an order varying or setting aside an order in proceedings to which the Council was a party. |
5 Delegates
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| s157(7)(b) |
The power pursuant to and in accordance with Section s157(7)(b) of the Act to appeal a decision, direction or order of the Tribunal to the Administrative and Disciplinary Division of the District Court. |
5 Delegates
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| s123 |
The power pursuant to Section 123 of the Act, where reasons of the Tribunal are not given in writing at the time of making a decision o to request the Tribunal to state its reasons in writing. |
5 Delegates
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