Vicarious liability of resident
17 Vicarious liability of resident
(1) It is a term of each caravan park agreement and excluded agreement that if:
(a) a person (other than a resident) is at the caravan site with the consent of a resident; and
(b) the person engages in conduct (the relevant conduct) that, if it had been engaged in by the resident, would be a breach of the agreement;
for the agreement and this Act, the resident is responsible for the relevant conduct.
(2) However, subsection (1) does not make a resident criminally responsible for the relevant conduct.
Subsection (1) does not apply if:
(a) the person who engages in the relevant conduct is in a domestic relationship with the resident; and
(b) the relevant conduct constitutes or includes an act of domestic violence; and
(c) it is reasonable in all the circumstances for this Act, including but not limited to the number of times that an act of domestic violence has been engaged in by the person at the caravan site to which the agreement relates, for the resident not to be taken to be responsible for the relevant conduct.
In this section:
domestic violence, see section 5 of the Domestic and Family Violence Act 2007.
domestic relationship, see section 9 of the Domestic and Family Violence Act 2007.
This Act’s bill:Explanatory statementSecond reading speech
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