Notice of termination of tenant’s interest on ground that tenant subject to family violence
45A Notice of termination of tenant’s interest on ground that tenant subject to family violence
Despite any other provision of this Act or another written law or a requirement under a contract, a long‑stay tenant may give to the park operator notice of termination of the tenant’s interest in an on‑site home agreement on the ground that the tenant or a dependant of the tenant is, during the tenancy period, likely to be subjected or exposed to family violence.
A notice under this section must be accompanied by a document, applicable during the tenancy under the agreement, comprising 1 of the following —
a DVO;
a Family Court injunction or an application for a Family Court injunction;
a copy of a prosecution notice or indictment containing a charge relating to violence against the long‑stay tenant or a court record of a conviction of the charge;
a report of family violence, in a form approved by the Commissioner, completed by a person who has worked with the long‑stay tenant and is 1 of the following —
a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;
a social worker as defined in the Mental Health Act 2014 section 4;
a police officer;
a person in charge of a women’s refuge;
a prescribed person or class of persons.
The park operator must not disclose information in a document provided to the park operator under subsection (2) to another person except in accordance with this Act or another written law.
Penalty for this subsection: a fine of $5 000.
The park operator must ensure that information provided to the park operator under subsection (2) is kept in a secure manner so far as it is reasonably practicable to do so.
Penalty for this subsection: a fine of $5 000.
If a long‑stay tenant gives notice under this section, the period of notice must be not less than 7 days before the termination day.
[Section 45A inserted: No. 3 of 2019 s. 30.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.