Part 8—Violence on certain premises

367 Definitions

In this Part—

managed high density building means a building which contains 2 or more rented premises and which has an on-site manager;

managed premises means—

(a) a managed high density building; or (b) a rooming house; or (c) a caravan park; or (d) a Part 4A park—

and includes any common areas of that building or caravan park;

manager means on-site manager, rooming house operator, caravan park owner or site owner;

on-site manager in relation to a building, caravan park or Part 4A park, means a person whose duties include—

(a) the security of the building, caravan park or Part 4A park; and (b) the day to day operational responsibility for the building, caravan park or Part 4A park; and (c) being present at the building, caravan park or Part 4A park or available to be present at least 7 hours a day, 5 days a week;

resident includes—

(a) a renter of rented premises in a managed high density building; and (b) a site tenant.

368 Manager may give person notice to leave—serious acts of violence

(1) A manager of managed premises may give a resident a notice to leave the managed premises immediately if the manager has reasonable grounds to believe that—

(a) a serious act of violence by the resident has occurred on the managed premises; or (b) the safety of any person on the managed premises is in danger from the resident.

(2) A manager of managed premises may give a resident's visitor a notice to leave the premises immediately if the manager has reasonable grounds to believe that—

(a) a serious act of violence by the visitor has occurred on the managed premises; or (b) the safety of any person on the managed premises is in danger from the resident's visitor.

(2A) A manager of managed premises may give a resident a notice to leave the managed premises immediately if the manager has reasonable grounds to believe that—

(a) a serious act of violence by a resident's visitor has occurred on the managed premises and the resident caused, counselled or permitted the resident's visitor to commit the serious act of violence; or (b) the safety of any person on the managed premises is in danger from a resident's visitor and the resident caused, counselled or permitted the resident's visitor to commit the act that endangered the safety of the person.

(3) A notice to leave under this section must be in the prescribed form.

(4) A notice to leave under this section must be given as soon as it is possible for the manager to safely do so after the serious act of violence has occurred or the safety of a person on the premises has been endangered.

(5) A manager of managed premises must not give a resident a notice to leave under subsection (2A) if—

(a) the serious act of violence or the act that endangered the safety of a person is family violence; and (b) the resident's visitor is a family member of the resident.

368A Offence to give notice to leave or purported notice to leave without reasonable grounds

A manager of managed premises must not give—

(a) a notice to leave under section 368; or (b) a document which purports to be a notice to leave under section 368—

unless the manager has reasonable grounds to believe that—

(c) a serious act of violence by a resident or a resident's visitor has occurred on the rented premises; or (d) the safety of any person on the managed premises is in danger from a resident or a resident's visitor.

Penalty: 150 penalty units.

369 Offence to remain on premises if given notice to leave

A person who has been given a notice to leave managed premises under section 368 must not remain on the managed premises after receiving that notice.

Penalty: 60 penalty units.

370 What happens if a notice to leave is given?

(1) If a resident is given a notice to leave managed premises under section 368, the residential rental agreement, residency right or site agreement of that resident in respect of the rented premises, room, site or Part 4A site in the managed premises is suspended.

(2) Despite subsection (1), unless the Tribunal makes an order under section 376(1B), the resident is still required to pay—

(a) any rent under that residential rental agreement, residency right or site agreement in respect of the period that the residential rental agreement, residency right or site agreement is suspended; and (b) in the case of a caravan in a caravan park, any hiring charge in respect of the period that the residency right is suspended.

371 How long does a suspension last?

A suspension under this Part remains in force—

(a) until the end of 2 business days after it commences; or (b) if an application is made under section 374, until the Tribunal has heard and determined the application.

372 Offence to re-enter premises during suspension

A resident whose residential rental agreement, residency right or site agreement has been suspended under this Part must not enter the managed premises during the period that the suspension is in force.

Penalty: 60 penalty units.

372A Suspended resident may make arrangements for collection of personal items

A resident whose residential rental agreement, residency right or site agreement has been suspended under this Part may make arrangements with the manager of managed premises for a person authorised by the resident to enter the managed premises to collect the resident's personal items.

373 Notice to principal registrar

A manager who gives a resident a notice to leave managed premises under section 368, must give the principal registrar written notice of the giving of that notice to leave no later than the end of the next business day after the day on which the notice to leave was given.

Penalty: 60 penalty units.

374 Urgent applications to Tribunal

(1) If a residential rental agreement, residency right or site agreement is suspended under this Part, the residential rental provider, rooming house operator, caravan park owner or site owner (as the case may be) may apply to the Tribunal for an order that the residential rental agreement, residency right or site agreement be terminated.

(2) An application under subsection (1) must be made before the end of 2 business days after the suspension of the residential rental agreement, residency right or site agreement.

375 Tribunal must hear application urgently

(1) The Tribunal must hear an application under section 374 within 2 business days after the application is made.

(2) The Tribunal must not adjourn an application under section 374 for a total period of more than 5 days.

376 What can the Tribunal order?

(1) After hearing an application under section 374, the Tribunal must determine whether it was appropriate to give the resident the notice to leave the managed premises.

(1A) If the Tribunal determines that it was appropriate to give the resident the notice to leave the managed premises, the Tribunal may make an order terminating the residential rental agreement, residency right or site agreement as at the date of that order, if satisfied as to the matters set out in section 330A.

(1B) If the Tribunal determines it was not appropriate to give the resident the notice to leave the managed premises, the Tribunal must order that—

(a) the suspension of the residential rental agreement, residency right or site agreement cease; and (b) the resident be allowed to resume occupation of the rented premises, room, caravan, site or Part 4A site under the residential rental agreement, residency right or site agreement.

(2) The Tribunal may make any ancillary or incidental orders that the Tribunal considers appropriate.

(3) If the Tribunal orders under subsection (1B) that the suspension of the residential rental agreement, residency right or site agreement cease—

(a) the resident is not required to pay rent or hiring charges in respect of the period of the suspension; and (b) the Tribunal must order that compensation be paid to the resident comprising—

(i) a refund of the rent or hiring charges paid during the period of the suspension; and (ii) any reasonable expenses incurred by the resident relating to the period of suspension.

377 Offence to allow occupation of premises pending application or hearing

(1) A residential rental provider of rented premises in a managed high density building must not allow a person who is not a party to a residential rental agreement suspended under section 370 to lease or occupy the rented premises during the period of suspension.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

(2) A rooming house operator must not allow a person who is not a party to a residency right suspended under section 370 to occupy the room in the rooming house to which that residency right applies during the period of suspension.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

(3) A caravan park owner must not allow a person who is not a party to a residency right suspended under section 370 to occupy the site in the caravan park to which that residency right applies during the period of suspension.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

(3A) A site owner must not allow a person who is not a party to a site agreement suspended under section 370 to occupy the Part 4A site to which that site agreement applies during the period of suspension.

Penalty: 150 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

(4) Despite subsection (2), a rooming house operator may permit a new resident to occupy a shared room in the rooming house if the room capacity of the room (including the resident with the suspended residency right) would not be exceeded.

377A Notice to leave prohibited if notice to vacate under section 91ZJ, 142ZC, 206AR or 207X already given

A manager is not entitled to give a notice to leave under section 368 in respect of an act or omission if—

(a) a residential rental provider has given a notice to vacate under section 91ZJ in respect of that act or omission; or

(b) a rooming house operator has given a notice to vacate under section 142ZC in respect of that act or omission; or

(c) a caravan park owner has given a notice to vacate under section 206AR in respect of that act or omission; or

(d) a site owner has given a notice to vacate under section 207X in respect of that act or omission.