Review jurisdiction of Tribunal
5 Review jurisdiction of Tribunal
For the purposes of section 34(2) of the Act, the following decisions are not reviewable decisions under section 34 of the
Act:
a decision that is the subject, or forms part, of a residential park dispute under the Residential Parks
Act 2007 (even if the decision is made by a park owner of a residential park who is an agency or instrumentality of the
Crown);
a decision that is the subject, or forms part, of a tenancy dispute under the Residential Tenancies
Act 1995 (even if the decision is made by a landlord who is the South Australian Housing Trust, a community housing provider who is an agency or instrumentality of the Crown, or some other agency or instrumentality of the Crown);
a decision made by an administering authority of a retirement village that—
is the subject of an application under section 31(8) of the
Retirement Villages
Act 1987; or
is the subject, or forms part, of a dispute between the administering authority and a resident of a retirement village under the
Retirement Villages
Act 1987, (even if the administering authority is an agency or instrumentality of the Crown);
a decision made by an operator of a retirement village that—
is the subject of an application under section 44(8) of the
Retirement Villages
Act 2016; or
is the subject, or forms part, of a dispute between the operator and a resident of a retirement village under the Retirement Villages
Act 2016, (even if the operator is an agency or instrumentality of the
Crown).
For the purposes of section 34(2) of the Act, the following decisions are reviewable decisions under section 34 of the Act:
a decision that is the subject, or forms part, of a dispute or application under Schedule 2 clause 2 of the
Community Housing Providers (National Law) (South Australia) Act 2013;
a decision that is the subject, or forms part of a dispute or application under section 84 of the South Australian Co-operative and Community Housing
Act 1991 insofar as an application may be made under that section by a transitioning housing co‑operative or transitioning housing association under Schedule 3 Part 4 of the
Community Housing Providers (National Law) (South Australia) Act 2013.
In this regulation—
administering authority of a retirement village, has the same meaning as in the Retirement
Villages Act 1987;
community housing provider has the same meaning as in the Community Housing Providers (National Law) (South Australia) Act 2013;
landlord has the same meaning as in the
Residential Tenancies
Act 1995;
operator of a retirement village, has the same meaning as in the Retirement Villages
Act 2016;
park owner of a residential park, has the same meaning as in the Residential Parks
Act 2007;
resident of a retirement village, has the same meaning as in the Retirement Villages
Act 1987 or the Retirement Villages Act 2016 (as the case requires);
residential park dispute has the same meaning as in the Residential Parks
Act 2007;
South Australian Housing Trust includes a subsidiary of the South Australian Housing Trust within the meaning of the
South Australian Housing Trust
Act 1995;
tenancy dispute has the same meaning as in the
Residential Tenancies
Act 1995;
transitioning housing association has the same meaning as in Schedule 3 Part 4 clause 16 of the
Community Housing Providers (National Law) (South Australia) Act 2013;
transitioning housing co‑operative has the same meaning as in Schedule 3 Part 4 clause 15 of the
Community Housing Providers (National Law) (South Australia)
Act 2013.
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