(a) a resident of a caravan park who has a right to reside on a caravan park site and a right to reside in a caravan situated on that site; and (b) a resident of a caravan park who has a right to reside on a caravan park site and who owns a caravan that is situated on that site, unless that caravan is a Part 4A dwelling; and (c) a person who resides in a Part 4A dwelling on a Part 4A site (other than under a site agreement) and who does not own that Part 4A dwelling in whole or in part.
Subject to this Act, a resident has—
(a) a right to reside on the site which he or she occupies; and (b) a right to occupy the caravan on that site.
NoteSection 145E requires a caravan park owner to disclose certain information about the land on which the caravan park is situated to the resident before an agreement under this subsection is entered into.
NoteThe Tribunal may declare under sections 144A and 472 that a term of an agreement under this section is invalid.
(a) a term that requires the resident to take out any form of insurance; (b) a term that exempts the caravan park owner from liability for an act of—
(i) the caravan park owner or that person's agent; or (ii) a person acting on behalf of the caravan park owner or that person's agent;
(c) a term that provides that if the resident contravenes the agreement, the resident is liable to pay—
(i) all or part of the remaining rent under the agreement; or (ii) increased rent; or (iii) a penalty; or (iv) liquidated damages;
(d) a term that provides that if the resident does not contravene the agreement—
(i) the rent is reduced; or (ii) the rent may be reduced; or (iii) the resident is to be paid a rebate or other benefit; or (iv) the resident may be paid a rebate or other benefit;
(e) any other prescribed prohibited term.
NoteSection 144 provides that terms which must not be included in an agreement are invalid.
(a) a term that requires all or part of the caravan to be professionally cleaned at the end of the agreement; or (b) a term that requires the resident to pay the cost of having all or part of the caravan in the caravan park professionally cleaned at the end of the agreement.
Penalty: 25 penalty units.
(a) the resident and the caravan park owner or caravan owner (as the case requires) are subject to an existing agreement that is not in writing or that is only partly in writing; and (b) the resident is continuing in occupation of a caravan or site in the caravan park after a previous fixed term agreement has ended.
(a) the terms of the agreement; and (b) a commencement date for the agreement which may be a date that is before the date the order was made.
A caravan park owner must give notice in the prescribed form to a person who proposes to occupy a site in the caravan park as his or her main residence that—
(a) he or she may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time; and
(b) even if an agreement referred to in paragraph (a) is not entered into, the person becomes a resident of the caravan park if the person occupies, for at least 60 consecutive days, any site in the caravan park as his or her only or main residence.
Penalty: 25 penalty units.
A caravan park owner or caravan owner or that person's agent must not provide a person with an application form to apply for an agreement under section 144(1) or (2) unless the application form includes a statement that contains the prescribed information.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the caravan park owner or caravan owner or that person's agent in contravention of this Division.
A caravan park owner or caravan owner or that person's agent must not use personal information disclosed by a person on an application form to apply for an agreement under section 144(1) or (2) unless the use is for—
(a) the purposes of assessing the person's suitability as a resident; or (b) another purpose required by the Act.
A caravan park owner or caravan owner or that person's agent must not request a person who applies for an agreement under section 144(1) or (2) to disclose the prescribed information.
(a) if the caravan park owner has engaged an agent to sell the caravan park or prepared a contract of sale, that there is a proposal to sell the caravan park; (b) if the caravan park owner is not the freehold owner of the land on which the caravan park is situated—
(i) the nature of the caravan park owner's interest in the land; and (ii) any limitations on the caravan park owner's ability to grant interests in the land to the resident;
(c) if the caravan park owner is the owner of the land on which the caravan park is situated and a mortgagee has commenced a proceeding to enforce a mortgage over the land, that a mortgagee is taking action for possession of the land; (d) if the site is separately metered for supply of electricity and the caravan park is supplied with electricity from an embedded electricity network, the prescribed details of the embedded electricity network; (e) any other prescribed information.
(a) if the caravan owner has engaged an agent to sell the caravan or prepared a contract of sale, that there is a proposal to sell the caravan; (b) if a mortgagee has commenced a proceeding to enforce a mortgage over the caravan, that a mortgagee is taking action for possession of the caravan; (c) any other prescribed information.
Penalty: 60 penalty units.
NoteA caravan park resident may apply to the Tribunal under section 452(3AC) in respect of a breach to disclose information required under this section.
Penalty: 60 penalty units.
A caravan park owner or caravan owner must not demand or receive a bond which exceeds the equivalent of the rent or hiring charge payable for one month.
Penalty: 60 penalty units.
Penalty: 25 penalty units.
(a) signed by or on behalf of the resident; or (b) with an endorsement so signed to the effect that the resident agrees or disagrees with the whole or any specified part of the report.
(a) in the presence of the other party; or (b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) that the condition report is to be amended in the manner specified in the order; or (b) that the condition report is not required to be amended in the manner specified in the order.
(a) the caravan park owner or the caravan owner; and (b) the resident.
(a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the caravan; or
(b) any statement in the report about which the resident records a written comment disagreeing with the statement on the copy of the report completed by the caravan park owner, or the caravan owner (as the case requires); or
(c) a statement on the condition report with which the caravan park owner, or the caravan owner (as the case requires) has disagreed in writing, if the report was completed by the resident before or after it was completed by the caravan park owner or the caravan owner.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method.
(a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.
Penalty: 25 penalty units.
(a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) the name of the resident and the caravan park; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent or a hiring charge.
(a) carry out an investigation; and (b) give a written report to the resident and a copy of the report to the caravan park owner or caravan owner.
(a) include a statement informing the resident of the resident's right under section 154 to apply to the Tribunal for an order in respect of the proposed rent or hiring charge; and (b) take into account the matters referred to in section 155(3).
(a) be made within 30 days after the resident receives the Director's report;
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(a) make an order—
(i) declaring the proposed rent or hiring charge excessive; and (ii) directing that for the period specified in the order the rent or hiring charge must not exceed the amount specified in the order; or
(b) dismiss the application.
(a) the rent payable for a similar site in the caravan park; (b) the rent payable for a similar site in a similar caravan park in a similar location; (c) the state of repair and general condition of the site and the caravan park; (d) any variation in the cost of providing facilities or services that the caravan park owner provides; (e) any changes in the rent and the condition of the site or facilities in the caravan park since the resident first occupied the site and since the last rent increase;
(ea) the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases; (f) any improvements made to the site which should not result in an increase because they were made by the resident.
(a) the hiring charges payable by a resident for a similar caravan;
(ab) the number of hiring charge increases (if any) in the preceding 24 months, the amount of each hiring charge increase in that period and the timing of those increases; (b) the state of repair and general condition of the caravan.
(a) the increased rent or hiring charge specified in the notice under section 152; or (b) 110% of the rent or hiring charge immediately before the notice was given—
whichever is less.
(a) the amount agreed between them; or (b) an amount determined by the Tribunal in the absence of any agreement on an application by either party.
(a) the reduction in rent is to take effect from the time the caravan park owner ceased to provide services to the resident; and (b) the caravan park owner is to refund to the resident any excess rent paid by the resident from the time the caravan park owner ceased to provide services until the date of the order.
A person must not take or dispose of a resident's goods on account of rent or hiring charges owing by the resident.
Penalty: 60 penalty units.
A caravan park owner is liable for—
(a) the installation costs and charges in respect of the initial connection to a site of any electricity, water or gas (including bottled gas) supply service;
(b) the cost of all services to a site if those services are not separately metered; (c) all charges arising from a water supply service to a separately metered site that are not based on the amount of water supplied or used;
(d) all charges related to the supply or use of sewerage and drainage services to or at a separately metered site that are not based on the extent of use of the services;
Penalty: 60 penalty units.
(a) must be claimed by the resident and the caravan park owner has given the resident the opportunity to claim it and the resident does not do so by the payment date set by the relevant supplier of the utility; or (b) is paid directly to the resident as a refund.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must not use the site or permit its use for any purpose that is illegal at common law or under an Act.
A resident must—
(a) pay the rent and other charges agreed with the caravan park owner on the due dates and in the agreed manner; and (b) pay the hiring charges to the caravan owner on the due dates and in the agreed manner.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must not do anything in or near the site or caravan park or allow his or her visitors to the caravan park or site to do anything which interferes with the privacy and peace and quiet of other occupants of the caravan park or their proper use and enjoyment of the caravan park.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) reasonably clean and tidy; and (b) in the same condition as when the resident entered into possession of the site, taking into account fair wear and tear to the site during the residency.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) is in good repair; and (b) does not pose a significant health risk; and (c) is safe to occupy.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) install any fixtures on the site or in the caravan park; or (b) erect any structure on the site or in the caravan park; or (c) make any alteration, renovation or addition to the site or caravan park.
(a) install any fixtures to the caravan; or (b) make any alteration, renovation or addition to the caravan.
(a) reasonable alterations within the meaning of section 55 of the Equal Opportunity Act 2010; and (b) assessed and determined to be required modifications by an accredited occupational therapist or a prescribed practitioner.
NoteSection 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the caravan park owner or caravan owner or that person's agent in contravention of this section.
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(a) repair the damage; or (b) notify the caravan owner or caravan park owner of the damage and pay compensation for the damage to the caravan owner or the caravan park owner.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must not allow more than the number of persons agreed with the caravan park owner to reside on the site.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A resident must observe all caravan park rules made from time to time in accordance with this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A caravan park owner must—
(a) provide 24 hours vehicular access for all residents to all sites; and (b) provide 24 hour access for all residents to the caravan park and the communal toilet and bathroom facilities; and (c) provide access during all reasonable hours for residents to recreational areas, laundry and communal facilities other than toilets and bathrooms.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A caravan park owner must not unreasonably restrict or interfere with a resident's privacy, peace and quiet or proper use and enjoyment of the site and the communal facilities.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A caravan park owner must—
(a) keep common areas, gardens, roadways, paths and recreation areas in the caravan park clean and in a safe condition; and (b) arrange for the collection of residents' garbage and other garbage from the caravan park.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A caravan park owner must provide and maintain in good repair any site rented to a resident, including any structures or fixtures owned by the caravan park owner, other than the caravan occupied by the resident.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) minimise inconvenience and disruption to residents; and (b) if necessary, provide temporary substitute facilities.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
ExampleExcessive usage charges caused by a leak in the underground pipe of a water service connected to a site in a caravan park.
(a) the resident notified the caravan park owner or the caravan owner, as soon as practicable, of—
(i) the excessive usage charges; and (ii) the fault that caused the excessive usage; and
(b) the fault was not caused by any action or omission of the resident.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) whether the resident had knowledge of the fault; (b) whether the resident took reasonable steps to notify the caravan park owner, the caravan owner, or that person's agent, of the fault; (c) whether the resident has already been compensated by another person for any part of the excessive usage charges; (d) whether the caravan park owner or the caravan owner has complied with this Act in respect of any urgent repairs; (e) any diagnosis made by a water authority or other suitably qualified person in respect of the fault; (f) any maintenance and repairs conducted by the caravan park owner or the caravan owner; (g) any other matter the Tribunal considers appropriate.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
A caravan owner must ensure that, if an appliance, fitting or fixture provided by the caravan owner that uses or supplies water, gas or electricity in a caravan hired to the resident or on the site occupied by the resident needs to be replaced, the replacement has at least a rating that is of or above a prescribed level of rating in an efficiency rating system.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Not later than the day on which a resident enters into occupation of a site in a caravan park, the caravan park owner must give the resident—
(a) a written statement in a form approved by the Director setting out in summary form the resident's rights and duties under this Act; and (b) a copy of the caravan park rules.
Penalty: 60 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the scale of additional rent for visitors set by the caravan park owner payable by a resident; and (b) the scale of additional hiring charges for visitors set by the caravan owner payable by a resident; and (c) the fees, if any, which the caravan park owner may charge for storage or removal of a caravan; and (d) the scale of commission which applies to the sale of a caravan by a caravan park owner.
Penalty: 60 penalty units.
Penalty: 25 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) written notice of the caravan park owner's full name and address for the service of documents; and (b) an emergency telephone number to be used in the case of the need for urgent repairs.
Penalty: 25 penalty units.
(a) written notice of the agent's full name and address for service of documents and the agent's telephone number; and (b) a written statement setting out—
(i) whether or not the agent can authorise urgent repairs; and (ii) if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and (iii) the agent's telephone number for urgent repairs.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) the making and abatement of noise; (b) motor vehicle speed limits within the caravan park; (c) the parking of motor vehicles; (d) the disposal of refuse; (e) the keeping of pets; (f) the playing of games and other sports activities; (g) the use and operation of communal facilities.
(a) provide a copy of the caravan park rules to a resident before the residency commences; and (b) take all reasonable steps to ensure that the caravan park rules are observed by all residents; and (c) ensure that the caravan park rules—
(i) are reasonable; and (ii) are enforced and interpreted consistently and fairly.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
Penalty: 25 penalty units.
(a) take all reasonable steps to ensure that the caravan park rules are observed by all residents; and (b) ensure that the caravan park rules are reasonable and are enforced and interpreted consistently and fairly.
Penalty: 60 penalty units.
(a) provided details of the proposed amendment to the caravan park rules in writing to the residents; and (b) allowed at least 14 days for the residents to respond in writing; and (c) considered and responded in writing to any written responses received from the residents.
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
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(a) the location of the caravan park; and (b) the number and characteristics of the residents; and (c) the internal layout of the caravan park; and (d) the amenities, improvements, facilities and other physical features of the caravan park; and (e) the levels of rent and other charges paid by the residents.
(a) the resident has taken reasonable steps to arrange for the caravan park owner or the caravan park owner's agent or the caravan owner or the caravan owner's agent to immediately carry out the urgent repairs to the caravan; and (b) the resident is unable to get the caravan park owner or the caravan owner or the owner's agent to carry out those repairs.
(a) the resident must give the caravan park owner or caravan owner 7 days written notice of the repairs carried out and the cost; and
(b) the caravan park owner or caravan owner is liable to reimburse the resident for the reasonable cost of the repairs, or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate), whichever is less;
(c) the caravan park owner or the caravan owner (as the case requires) must reimburse the resident within 7 days after receiving written notice of—
(i) the repairs; and (ii) the cost of the repairs.
(a) to equipment or appliances supplied by the resident; or (b) if there is no immediate danger to health and safety and the resident is able to use facilities in the communal areas of the caravan park; or (c) if the caravan is owned by the resident.
(a) the resident has taken reasonable steps to arrange for the caravan park owner, or that person's agent, to immediately carry out the urgent site repairs; and (b) the caravan park owner, or that person's agent, did not carry out those repairs.
(a) the resident must give the caravan park owner or the caravan owner 7 days written notice of—
(i) the repairs carried out; and (ii) the cost of the repairs; and
(b) the caravan park owner or that person's agent is liable to reimburse the resident for the reasonable cost of the repairs, or a prescribed greater amount (which includes any amount in respect of any GST payable on the supply to which the urgent site repairs relate), whichever is less.
(a) to equipment or appliances supplied by the resident; or (b) if there is no immediate danger to health and safety and the resident is able to use facilities in the communal areas of the caravan park.
(a) the resident cannot meet the cost of the repairs; or
(b) the repairs cost more than the prescribed amount (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or (c) the caravan park owner or caravan owner has refused to pay the cost of the urgent repairs.
(a) the resident cannot pay the cost of the repairs; or (b) the repairs cost more than a prescribed amount (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or (c) the caravan park owner has refused to pay the cost of the urgent site repairs.
(a) the resident has given notice to the caravan park owner or caravan owner that repairs (other than urgent repairs) are required to the caravan; and (b) the caravan park owner or caravan owner has not carried out the repairs within 14 days after being given the notice.
(a) may investigate; and (b) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the caravan park owner or caravan owner is in breach of the duty to maintain the caravan in good repair; and
(c) may issue a report that—
(i) certifies that the caravan park owner or the caravan owner is in breach of the duty to maintain the caravan in good repair; and (ii) directs the caravan park owner or the caravan owner to do anything necessary to comply with the duty, including specifying a reasonable time for the completion of repairs, if any.
(a) may order the caravan owner to comply with the requirements of the Director in the report the subject of the application, including requiring the caravan owner to cause any repairs to be completed within the specified time; and (b) may make any other orders the court or Tribunal thinks fit.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) the resident has given notice to the caravan park owner that site repairs (other than urgent site repairs) are required—
(i) to the site which the resident occupies; or (ii) any structure or a fixture owned by the caravan park owner on the site; and
(b) the caravan park owner has not carried out the site repairs within 14 days after being given the notice.
(a) may investigate; and (b) may negotiate arrangements for the carrying out of site repairs if the Director is satisfied that the caravan park owner is in breach of the duty to maintain in good repair the site, or a structure or a fixture in the caravan park owned by the caravan park owner; and (c) may give a written report to the resident.
(a) the resident has given written notice to the caravan owner that non-urgent repairs are required to the caravan; and
(b) the caravan owner has not caused the repairs to be carried out within 14 days after being given notice referred to in paragraph (a).
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(a) the resident has given written notice to the caravan park owner that non-urgent repairs are required to the site; and (b) the caravan park owner has not caused the repairs to be carried out within 14 days after being given notice referred to in paragraph (a).
(a) whether the repair is required because of—
(i) an act or omission by the resident; or (ii) non-compliance by the resident with the agreement in respect of the residency right or the resident's duties under section 173;
(b) whether the caravan owner or caravan park owner (as the case requires) or that person's agent received notice of the fault requiring repair; (c) if the caravan owner or caravan park owner or that person's agent received notice of the fault requiring repair, whether the caravan owner or caravan park owner was given a reasonable opportunity by the resident to make the repair; (d) whether the resident arranged for a suitably qualified person to carry out any repairs; (e) whether the caravan owner or caravan park owner is required to arrange for a suitably qualified person to verify the quality of any repair; (f) whether the resident has provided documentary evidence to the Tribunal of repairs, including the cost of repairs.
(a) a notice requiring the carrying out of repairs has been given to the caravan park owner or the caravan owner in accordance with this Act; and
(ab) the caravan park owner or caravan owner has not demonstrated that the caravan park owner or caravan owner, as the case requires—
(i) is experiencing financial hardship; or (ii) would experience financial hardship if the rent or hiring charge was paid into the Rent Special Account; and
(b) the caravan park owner or caravan owner has failed to comply with the duty to carry out the repairs.
(a) an eviction notice given to the owner; (b) a disconnection notice in respect of a service or utility account held by the owner; (c) a notice of legal proceedings issued against the owner; (d) a letter from a non-profit organisation about the owner's loss of employment or financial hardship; (e) a notice from a lender to the owner, including—
(i) an overdraft call; or (ii) a repossession notice in respect of a mortgaged property;
(f) outstanding medical bills of the owner; (g) a letter from a doctor in respect of the impact of the owner's illness or carer's responsibility on the ability of the owner to earn an income; (h) a final notice from a school to the owner in respect of the payment of mandatory schooling fees; (i) funeral expenses payable by the owner; (j) a repossession notice served on the owner in respect of an essential item; (k) a hardship variation, or a written request to vary the terms of an existing loan held by the owner; (l) any other prescribed document.
(a) the amount of the hiring charge or rent held in the Rent Special Account at the end of that period must be paid to the caravan park owner or caravan owner; and
(b) on an application by the caravan park owner or the caravan owner, the Tribunal may order that the whole, or such part of the hiring charge or rent as it may determine, be paid to the caravan park owner or caravan owner (as the case requires) before the end of the period—
(i) on the agreement of both of the parties; or
(a) on an order under subsection (2), the hiring charge or rent has been paid into the Rent Special Account in relation to a breach of section 178A or 180; and (b) the caravan park owner or caravan owner has failed to effect repairs by the end of the period stated in the order.
Sections 190 to 193 do not apply to damage caused by the misuse or the negligence of the resident or his or her visitor.
(a) the vendor of the caravan; or (b) the purchaser of the caravan.
(a) the caravan being sold has a serious defect; and (b) no undertaking has been given to the caravan park owner to rectify the defect.
(a) the resident—
(i) has given the caravan park owner a completed transfer form and the names in writing of any persons proposing to occupy the caravan with the proposed resident; and (ii) has requested the caravan park owner to consent by signing the transfer; and
(b) the caravan park owner has not consented or refused to consent within 7 days of being given the completed transfer form.
(a) dismiss the application if it is satisfied that in all the circumstances the withholding of consent was reasonable; or (b) make an order that the withholding of consent was unreasonable and the transfer may go ahead without the caravan park owner's consent.
A caravan park owner must not charge a fee as a condition of or in consideration of the caravan park owner consenting to a resident transferring his or her residency right.
Penalty: 25 penalty units.
Penalty: 150 penalty units in the case of a natural person;
(a) the caravan park owner refuses consent to transfer the residency right under section 195(1A); and (b) the caravan has a serious defect; and (c) no undertaking has been given to the caravan park owner to rectify the serious defect.
Penalty: 60 penalty units.
(a) any proposed change to the caravan park rules; (b) any proposal to remove or substantially restrict a facility or service available within the park; (c) any proposal to provide a new facility or service within the park.
(a) has provided details of the proposal in writing to the committee; and (b) has allowed at least 14 days for the committee to respond in writing; and (c) has considered and responded in writing to any written response received from the committee.
A caravan park owner or a person appointed in writing as the caravan park owner's agent for the purpose has a right to enter a caravan or site occupied by a resident—
(a) if the resident agrees at the time entry is sought; or (b) if there is an emergency and immediate entry is necessary to save life or valuable property; or
(c) if the Tribunal has made an abandonment order under section 206AP; or (d) for a purpose set out in section 201, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the resident in accordance with section 203.
A caravan owner or a person appointed in writing as the caravan owner's agent for the purpose has a right to enter a caravan occupied by a resident—
(a) if the resident agrees at the time entry is sought; or
(b) if the Tribunal has made an abandonment order under section 206AP; or (c) for a purpose set out in section 201, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the resident in accordance with section 203.
A right of entry in respect of a caravan or site may be exercised if—
(a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the caravan or site has been given and entry is required to show the caravan or site to a prospective resident; or (b) the caravan is to be sold or used as security for a loan and entry is required to show the caravan to a prospective buyer or lender; or (c) entry is required to enable the caravan park owner or caravan owner to carry out a duty under this Act or any other Act; or (d) the caravan park owner or the caravan owner or the owner's agent has reasonable grounds to believe that the resident has failed to comply with his or her duties under this Act; or (e) entry is required to enable inspection—
(i) of the site; and (ii) if the resident is not the caravan owner, of the caravan—
and entry for that purpose has not been made within the last 6 months.
A person exercising a right of entry under this Division—
(a) must do so in a reasonable manner; and (b) must not stay in the caravan or on the site longer than is necessary to achieve the purpose of the entry without the resident's consent.
A notice requiring entry must—
(a) be in writing; and (b) state why the caravan park owner, caravan owner or the owner's agent wishes to enter; and (c) be given—
(i) by post; or (ii) by delivering it personally to the resident between the hours of 8 a.m. and 6 p.m.
A resident of a caravan park has a duty to permit a person exercising a right of entry in accordance with this Division to enter the caravan or site (as the case may be).
NoteThis section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
(a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the resident's goods in the caravan or on the site; or (b) may refuse to make an order.
(a) may make an order prohibiting the caravan park owner or caravan owner or the owner's agent from exercising a right of entry under section 199 or 200 (except for a purpose set out in section 201(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order.
A caravan park owner, a caravan owner or an owner's agent must not, without reasonable excuse, enter a site or caravan occupied by a resident otherwise than in accordance with this Division.
Penalty: 25 penalty units.
A residency right in respect of a site or caravan in a caravan park ends if—
(a) the resident vacates the site or caravan after giving a notice of intention to vacate to the caravan park owner or caravan owner; or (b) the resident vacates the site or caravan after being given a notice to vacate.
A residency right in respect of a site or caravan in a caravan park may be ended by agreement between the resident and the caravan park owner or caravan owner.
If the Tribunal makes a possession order in respect of a caravan or site, a residency right ends on the day that the warrant of possession is executed.
A residency right ends if the resident abandons the site or caravan.
Except in accordance with this Act, a person must not—
(a) require or force a resident to vacate a site or a caravan; or (b) take or attempt to take possession of a site by removing the caravan in which the resident resides; or (c) exclude or attempt to exclude from or restrict or attempt to restrict access to the site or the caravan or the caravan park in which either is situated; or (d) take or attempt to take possession of the caravan in which a resident resides; or (e) interfere with the peace and comfort of a resident for the purposes of causing the resident to abandon the site or the caravan; or (f) withdraw or restrict services or facilities which are reasonably required for the occupation of a site or a caravan as a residence for the purposes of causing the resident to abandon the site or caravan.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) an order terminating the existing agreement under section 144; or (b) an order—
(i) terminating the existing agreement under section 144; and (ii) requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the persons and other persons (if any) specified in the application.
(a) a party to the existing agreement under section 144 who—
(i) has been or is being subjected to family violence by another party to the existing agreement; or (ii) is a protected person under a personal safety intervention order made against another party to the existing agreement;
(b) a person—
(i) who is residing on the site or occupying a caravan as the person's principal place of residence; and (ii) who is not a party to the agreement under section 144; and (iii) who—
(A) has been or is being subjected to family violence by a party to the existing agreement; or (B) is a protected person under a personal safety intervention order made against a party to the existing agreement.
(a) the applicant or a person on whose behalf the application was made; (b) the caravan park owner or caravan owner (as the case may be); (c) any resident who is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2); (d) any other existing residents of the site or caravan.
(a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(a) terminating the existing agreement under section 144; and (b) requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the person and other persons (if any) referred to in the application.
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the agreement under section 144 were not terminated; and (b) the hardship suffered by the specified persons would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and (c) if a resident is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing agreement under section 144; and (d) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 and, in particular, whether the other residents support the specified person's application.
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a resident under an agreement under section 144; and (b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the site, caravan or caravan park; and (c) the hardship suffered by the specified person would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and (d) if a resident is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the order or notice and the length of the existing agreement under section 144; and (e) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 and, in particular, whether the other residents support the specified person's application.
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person; (b) if an application for a family violence intervention safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and (ii) if there is a notice or an order in effect, whether a resident is excluded from the site, caravan or caravan park under the notice or order;
(c) any prescribed matters; (d) any other matter the Tribunal considers relevant.
(a) is subject to the same rent and frequency of rent payments as the existing agreement; and (b) if the existing agreement is for a specified period of occupancy, runs for a term not longer than the remainder of that specified period; and (c) otherwise, is on the same terms and conditions as the existing agreement, subject to any changes the Tribunal determines.
(a) an order that the caravan park owner or caravan owner (as the case may be) must ensure that the specified person has access to the caravan and caravan park to remove the person's goods; (b) an order that caravan park owner or caravan owner (as the case may be) must not list information about the person on a residential tenancy database within the meaning of Part 10A.
specified person means a person specified in section 206AG(2).
(a) a resident who is excluded from a site, caravan or caravan park under—
(i) a family violence safety notice; or (ii) a family violence intervention order; or (iii) a recognised non-local DVO; or (iv) a personal safety intervention order;
(b) a person specified in section 206AG(2); (c) any other resident under the existing agreement under section 144.
(a) liabilities relating to outstanding rent; and (b) liabilities relating to damage caused to the site, caravan or caravan park; and (c) liabilities relating to outstanding utility charges.
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and (b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(a) as to those matters set out in section 206AH(2), in the case of an application under section 206AG(1)(b); and (b) as to those matters set out in section 206AH(1B), in the case of an application under section 206AG(1)(a); and (c) in accordance with any conditions to which the leave granted is subject.
(a) is unfit for human habitation; or (b) has been destroyed totally or to such an extent as to be rendered unsafe.
(a) the caravan owner or the caravan owner's agent; and (b) the caravan park owner or the caravan park owner's agent.
(a) 7 days after vacating the site; or (b) until another resident takes up occupancy of the site.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) without first giving notice of intention to vacate to the caravan park owner or the caravan owner; or (b) without first obtaining the agreement of the caravan park owner or the caravan owner.
(a) the resident has not occupied the site or caravan for a period of at least 14 days and has not paid any rent or hiring charges for that period; or (b) the resident has left the site or caravan and in all the circumstances it would be unreasonable to expect the resident to return.
(a) requiring the caravan mortgagee to pay rent until the caravan is removed from the site; and (b) fixing the amount of that rent.
(a) the site; or (b) the caravan park, including any common areas; or (c) any facility in the caravan park, including any safety equipment.
ExampleSafety equipment such as smoke alarms.
ExampleSafety equipment such as smoke alarms.
(a) any person or property in the caravan park; or (b) the caravan park owner or the owner's agent; or (c) a contractor or employee of a person referred to in paragraph (b).
(a) the caravan park owner or the owner's agent; or (b) a contractor or employee of a person referred to in paragraph (a).
(a) the resident has breached a duty provision; and (b) on 2 previous occasions the resident has been in breach of the same provision; and (c) the caravan park owner or caravan owner or that person's agent has on each occasion referred to in paragraph (b) given a breach of duty notice to the resident.
Penalty: in the case of a natural person, 60 penalty units;in the case of a body corporate, 300 penalty units.
NoteSee also section 215A in relation to compensation for eligible residents and effect on validity of notice to vacate.
(a) the caravan owner intends to personally occupy the caravan; or (b) the caravan owner intends to make it available for occupation by—
(i) the owner's partner, child, parent or partner's parent; or (ii) another person who normally lives with the caravan owner and is wholly or substantially dependent on the caravan owner.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) the Tribunal determines that the caravan may be hired out; or (b) the caravan is vacated under section 206AZB and the caravan is hired out to a person referred to in that section.
(a) the exercise, or proposed exercise, by the resident of a right under this Act or the residency right; or (b) the resident making a report under section 173(2).
(a) not less than 90 days after the date on which the notice is given if the mortgage was given before the resident obtained a residency right; or (b) not less than 6 months after the date on which the notice is given if the mortgage was given after the resident obtained a residency right.
(a) not less than 30 days after the date on which the notice is given if the security was given before the resident obtained a residency right; or (b) not less than 6 months after the date on which the notice is given if the mortgage was given after the resident obtained a residency right.
A notice of intention to vacate a caravan or site in a caravan park is not valid unless—
(a) it is in writing; and (b) it is signed by the person giving the notice or by that person's agent.
A notice to vacate a caravan or site in a caravan park given under this Division is not valid unless—
(a) it is in the relevant prescribed form; and (b) it is addressed to the resident; and (c) it is signed by the person giving the notice or by that person's agent; and (d) it specifies the reason or reasons for giving the notice; and (e) in the case of a notice to vacate given under section 206AZ or 206AZB, it is accompanied by documentary evidence, as approved by the Director from time to time, which supports the reason for giving the notice to vacate; and
NoteSee section 486A.
(f) it specifies the termination date which is the date by which compliance is required.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect.
(a) in writing; and (b) signed by the person who gave the notice; and (c) signed by the person to whom the notice was given.
Nothing in this Subdivision affects any right a resident may have to challenge the validity of any other notice to vacate under this Act.
On an application under section 206AZO, the Tribunal must make an order that the notice to vacate is invalid if satisfied that—
(a) the applicant has been, or is being, subjected to family violence or personal violence; and (b) the relevant act or breach on which the notice to vacate was given was caused by the act of a person who has subjected the applicant to family violence or personal violence.